Evanston (RLTO) Conditions: Legal Remedy of Lease Termination

The Evanston RLTO states that a tenant can terminate the lease if the landlord fails to make repairs and to maintain the premises in substantial compliance with city codes. 

How does a tenant terminate the lease based off poor conditions? 

A tenant can send a demand letter to the landlord that the lease will end if repairs are not made. 

• For tenants who live in a two-unit building with their landlord, the deadline for repairs is 48 hours. 
• For all other tenants, the deadline for repairs is 30 days. 

The demand letter would list (1) all the issues that need to be repaired and (2) state that the lease will terminate in [48 hours OR 30 days] if the issues are not all fixed. 

What to Consider

• After the 30-day period ends, the landlord might not accept the lease termination and threaten to hurt the tenant's credit or sue the tenant. The landlord needs to 'mitigate damages' by finding another tenant.
• Document to the conditions issues before and after the tenant leaves. 
• After the 30-day period ends, the tenant can send a follow-up written communication to the landlord that their lease is now terminated under the RLTO and they plan to move out within 30 days. The tenant can ask about move-out procedures (like where to return the keys) and an inspection. 

Other Available Options

• The tenant might be able to withhold rent with a 14-day letter to withhold under the RLTO. Click this link to explore that option or the proper link at the bottom of the page.
• The tenant might be able to make repairs or hire someone to make repairs and deduct that from next month's rent with a 14-day letter to repair and deduct under the RLTO. Click this link to explore that option or the proper link at the bottom of the page.
• If the tenant wants to explore other options outside of the RLTO, click this link.